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Court of Appeals of Indiana
Shane Willingham v. Anderson Center
23A-CT-459
Civil tort. Affirms the dismissal of Shane Willingham’s complaint. Finds the Madison Circuit Court did not err in granting Anderson Center’s motion to dismiss and dismissing without prejudice. Also finds Willingham’s claim is a medical malpractice claim and falls under the Indiana Medical Malpractice Act.
Marion L. Young v. State of Indiana
22A-CR-2923
Criminal. Reverses Marion Young’s conviction of a Class A misdemeanor trespass. Finds the state failed to present sufficient evidence to support his conviction. Also finds that the state failed to prove Young was asked to leave the property of Red’s Country Store by a either the owner of the property or the owner’s agent.
Edward Meiggs v. Indiana General Assembly, Indiana Legislative Council, Rodric Bray, and Todd Huston (mem. dec.)
23A-PL-21
Civil plenary. Affirms the Marion Superior Court’s judgment to dismiss Edward Meiggs’s civil lawsuit seeking declaratory judgment that Indiana’s rape-shield laws are unconstitutional. Finds the trial court properly dismissed the civil suit. Also finds that Meiggs cites no statute, court rule, or caselaw that would allow a lawsuit like this.
Michael Richard Huhn v. Kim L. Huhn (mem. dec.)
22A-DR-2761
Domestic relations. Affirms the denial of Michael Richard Huhn’s Indiana Trial Rule 60(B) motion for relief from judgment concerning an amended qualified domestic relations order and the denial of the related motion to correct error. Finds he did not meet his burden of demonstrating a timely filing of his motion to set aside judgment, a meritorious claim or defense, and an affirmative showing of some extraordinary or exceptional circumstances justifying equitable relief.
In the Matter of the Termination of the Parent-Child Relationship of A.D., Mother, N.D., Sr., Father, and L.D. and P.D., Minor Children v. Indiana Department of Child Services (mem. dec.)
23A-JT-253
Juvenile termination of parental rights. Affirms the termination of A.D. and N.D. Sr.’s parental rights to their two children, L.D. and P.D. Finds the Randolph Circuit Court’s judgment terminating their parental rights was supported by clear and convincing evidence. Also finds juvenile court did not err in its conclusion that the conditions for removal and continued placement outside the home would not be remedied.
J.J. v. State of Indiana (mem. dec.)
22A-JV-2532
Juvenile. Reverses J.J.’s adjudication as a juvenile delinquent based on a true finding of Level 6 felony criminal recklessness if committed by an adult. Finds the evidence insufficient. Also finds the record is completely lacking in any evidence that J.J. shot a gun at his father or acted in a manner so as to create a substantial risk of bodily injury to his father as required by the charge.
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